1999 Red Book Archives - Corbett & Co.

Where Do FIDIC Cases Go?

Where Do FIDIC Cases Go?

FIDIC is arguably the most widely used standard form of international construction contract but reported FIDIC cases are rare. Is it time for an increased publication of FIDIC cases? There are three categories of decisions arising out of FIDIC dispute resolution provisions: 1. Decisions of the Engineer or the Dispute Adjudication Board (DAB), which will generally not be published or reported to anyone other than the parties involved in the dispute. 2. Decisions of arbitral tribunals, which are not usually made public although this is subject to certain exceptions. 3. Decisions of national courts, which are a relatively rare occurrence for the reasons discussed below.

By Joanne Clarke|December 16th, 2015|Arbitration, Dispute Boards, Knowledge Hub|Comments Off

PERSERO 2 – Singapore Court of Appeal rules DAB decisions are enforceable by way of interim award

PERSERO 2 – Singapore Court of Appeal rules DAB decisions are enforceable by way of interim award

On 27 May 2015, the 160-page reserved judgement of the Singapore Court of Appeal (“CA”) was handed down in Persero 2 - PT Perusahaan Gas Negara (Persero) TBK (“PGN”) v CRW Joint Operation (“CRW”)[1]. It will be regarded a triumph for contractors wishing to enforce DAB decisions. The CA ruled that the interim award issued by the arbitral tribunal ordering enforcement of the DAB’s decision should stand. Using the concept of an “inherent premise”, the CA made two important findings: 1) it was not necessary for the Contractor to refer the failure to pay (the secondary dispute) back to the DAB; and 2) it was not necessary for him to refer the merits (the primary dispute) in the same single arbitration as his application to enforce.

By Taner Dedezade|September 14th, 2015|Dispute Boards, Knowledge Hub|Comments Off

Time’s up for FIDIC’s Pink Book?

Time’s up for FIDIC’s Pink Book?

Rumour reaches us that the Multilateral Development Banks (MDBs) behind the Pink Book, FIDIC’s harmonised version of the 1999 Red Book, will discontinue the experiment. Should we be sorry to see the back of the Pink Book? We think not.

By Edward Corbett|March 9th, 2015|Knowledge Hub|Comments Off

FIDIC’s Silver Book – Payments due shall not be withheld … really?

FIDIC’s Silver Book – Payments due shall not be withheld … really?

There is a substantial difference between the payment provisions of the FIDIC 1999 Red and Yellow Books compared with the Silver Book. This article explores how a court in Queensland (Australia) has dealt with the Silver Book’s provision. Contractors have good cause to be wary.

By Andrew Tweeddale|November 14th, 2014|Knowledge Hub|Comments Off

BoQ rates neither ‘immutable nor sacrosanct’

BoQ rates neither ‘immutable nor sacrosanct’

A contractor who has loaded a tender BoQ rate in the expectation of a windfall will be interested to learn that recent guidance from the Hong Kong Court of Appeal supports the engineer’s request for evidence of the original tender build up and, among other things, will disallow all loading if substantial differences in actual quantities would make it reasonable to do so under the contract. This article explores that new guidance which finds contract rates to be neither immutable nor sacrosanct in such circumstances.

By Steve Mangan|November 13th, 2014|Knowledge Hub|Comments Off

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